R.Senthil Kumar, v. S.K.Prabakar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P. (MD)Nos.241 and 248 of 2021 in W.P.(MD).Nos9967 and 15402 of 2017 Mr.R.Senthil Kumar ... Petitioner in both Cont.Ps./ Writ Petitioner in both WPs Vs.

1.Thiru.S.K.Prabakar, I.A.S., (Additional Chief Secretary to Government), The Principal Secretary, Home (Police II Department), Fort St. George, Chennai 600 009.

2.Thiru.J.K.Tripathy, I.A.S., The Director General of Police, Mylapore, Chennai 600 004.

... Respondents in both Cont.Ps./ Respondent in both WPs Prayer : Contempt Petitions are filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents/contemnors for their failure to comply with the directions of this Court and for having committed wilful disobedience of the order and directions issued by this Court in its order dated 07.11.2019 in W.P.(MD). Nos.9967 and 15402 of 2017.

Prayer in WP(MD). 9967/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records relating to the impugned G.O.(2D).No.104 dated 02.05.2017 issued by the 1st respondent and quash the same and consequently direct the respondents to promote the petitioner as Inspector of Police with effect from the date when his juniors were promoted, that is on 26.05.2009 and with all consequential monetary benefits and pass such other order or orders as this Honble Court. Prayer in WP(MD). 15402/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records relating to the issuance of the impugned order passed by the 2nd respondent in Endorsement No. in Rc.No.208528/NGB-I(1)/2009 dated 11.07.2017 and quash the same and consequently direct the respondents to promote 1/3

the petitioner as Inspector of Police with effect from the date when the juniors of the petitioner were promoted (i.e.) on 26.05.2009 with all consequential monetary benefits.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.M.Muthugeethayan Special Government Pleader C O M M O N O R D E R Alleging disobedience of the orders of this Court in W.P.(MD). Nos.9967 and 15402 of 2017, dated 07.11.2019, the petitioner has filed the present contempt petitions.

2. This Court, by order dated 07.11.2019, set aside the G.O. (2D).No.104, dated 02.05.2017, issued by the first respondent as well as the impugned order passed by the second respondent, dated 11.07.2017 and directed the respondents to consider the promotion of the petitioner as Inspector of Police on par with his juniors from 26.05.2009, when his juniors were promoted, if he is otherwise eligible.

3. When the matters are taken up for hearing today, the learned Standing counsel appearing for the respondents would submit that the petitioner's eligibility was considered by the respondents/contemnors and accordingly, he was granted promotion on 06.01.2020.

4. In view of the above, these Contempt Petitions are closed Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.Thiru.S.K.Prabakar, I.A.S., (Additional Chief Secretary to Government), The Principal Secretary, Home (Police II Department), Fort St. George, Chennai 600 009.

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2.Thiru.J.K.Tripathy, I.A.S., The Director General of Police, Mylapore, Chennai 600 004.

+1 CC to M/s.SPL GP ( SR-6661[F] dated 23/02/2021 ) +2 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-6781[F] dated 23/02/2021 ) Cont.P. (MD)Nos.241 and 248 of 2021 22.02.2021 ES(CO) KK(03.03.2021) 3P 6C 3/3